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`EXHIBIT
`EXHIBIT
`1013
`1013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`APPLICATION NO.
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`
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATIONNO.
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`10/034, 197
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`12/28/2001
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`Sanchaita Datta
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`3003.2.9A
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`7746
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`OGILVIE LAW FIRM a
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`EXAMINER
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`2552 South Wilshire Circle
`SALT LAKE CITY, UT 84109
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`NGUYEN, THU HA T
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`ART UNIT
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`2453
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/02/2012
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`JOHN @OGILVIELAWFIRM.COM
`john.ogilvie @comcast.net
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`PTOL-90A (Rev. 04/07)
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`UNITED STATES PATENT AND TRADEMARKOFFICE
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`BEFORE THE BOARD OF PATENT APPEALS
`AND INTERFERENCES
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`Ex parte SANCHAITA DATTA and RAGULA BHASKAR
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`Appeal 2011-010799
`Application 10/034,197
`Technology Center 2400
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`Before LANCE LEONARD BARRY,JEAN R. HOMERE,and STEPHEN
`C. SIU, Administrative Patent Judges.
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`SIU, Administrative Patent Judge.
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`DECISION ON APPEAL
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`STATEMENT OF THE CASE
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`This is a decision on appeal under 35 U.S.C. § 134(a) from the
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`Examiner’s rejection of claims 22-40. Claims 1-21 have been cancelled.
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`Wehavejurisdiction under 35 U.S.C. § 6(b).
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`The disclosed invention relates generally to routing information over
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`multiple independent parallel private networks (Spec. 1).
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`Independent claim 22 reads as follows:
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`Appeal 2011-010799
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`22. Acontroller which controls access to multiple
`independent networksin a parallel network configuration, the
`controller comprising:
`a site interface connecting the controller to a site by a single
`logical connection;
`at least two network interfaces connecting the controller to
`respective independentparallel networks; and
`a packet path selector which selects between the network
`interfaces to split a message from the site between the networks by
`concurrently sending different packets of the message over different
`networkinterfaces without requiring firewall usage;
`wherebythe controller uses multiple networks to concurrently
`carry different pieces of a given message so that unauthorized
`interception of message packets on fewer than all of the networks
`used to carry the message will not provide the total content of the
`message.
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`The Examinerrelies upon the following references as evidence in
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`support of the rejections:
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`Pearce
`Kitai
`Goldszmidt
`Albright
`Dutta
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`US 5,910,951
`US 5,948,069
`US 6,195,680 Bl
`US 6,209,039 Bl
`US 6,546,423 Bl
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`Jun. 8, 1999
`Sep. 7, 1999
`Feb. 27, 2001
`Mar. 27, 2001
`Apr. 8, 2003
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`Under 35 U.S.C. § 102(e), the Examinerrejects claims 33, 35, and 40
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`as being anticipated by Kitai.
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`Under 35 U.S.C. § 103(a), the Examiner rejects as unpatentable:
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`a)
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`b)
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`claims 22, 24, 25, and 29 over Kitai and Dutta;
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`claims 23, 28, and 30-32 over Kitai, Dutta, and Albright;
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`Cc)
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`d)
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`e)
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`f)
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`claims 26 and 27 over Kitai, Dutta, and Goldszmidt;
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`claim 34 over Kitai and Albright;
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`claims 36, 37 and 39 over Kitai and Pearce; and
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`claim 38 over Kitai, Pearce, and Albright.
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`Did the Examinererr in rejecting claims 22-40?
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`ISSUE
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`FINDING OF FACT
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`Kitai discloses “parallel communication” in which “data in the buffer
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`6030 is divided into three blocks of data for every segment length”(col. 14,
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`ll. 36-37) and distributed over multiple communication paths “to the buffers
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`6031, 6032, and 6033”(col. 14, 1. 38 and Fig. 17) and further sent on
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`“communication path 6110 respectively through the communication paths
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`6012, 6013, and 6014”(col. 14,Il. 48-50 and Fig. 17).
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`PRINCIPLES OF LAW
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`In rejecting claims under 35 U.S.C. § 102, “[a] single prior art
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`reference that discloses, either expressly or inherently, each limitation of a
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`claim invalidates that claim by anticipation.” Perricone v. Medicis Pharm.
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`Corp., 432 F.3d 1368, 1375 (Fed. Cir. 2005) (citation omitted).
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`The question of obviousnessis resolved on the basis of underlying
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`factual determinations including (1) the scope and contentof the priorart,
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`3
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`(2) any differences between the claimed subject matter and the priorart, and
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`(3) the level of skill in the art. Graham v. John Deere Co., 383 U.S. 1, 17-
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`18 (1966).
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`“The combination of familiar elements according to known methods
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`is likely to be obvious when it does no more than yield predictable results.”
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`KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398, 416 (2007).
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`ANALYSIS
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`Claim 33 recites multiple parallel networks and a selector that splits a
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`message between the parallel networks by concurrently sending different
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`packets of the message over different network interfaces. Appellants argue
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`that Kitai fails to disclose this feature.
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`Asstated above, Kitai discloses splitting a message into segments and
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`sending the segments over respective (and parallel) communication paths
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`(FF). We agree with the Examinerthat this disclosure is the sameassplitting
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`a message betweenparallel networks by concurrently sending different
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`packets of the message over different network interfaces, as recited in claim
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`33.
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`Appellants argue that the Examiner“treats ‘concurrently’ and
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`“parallel” as if they mean the same thing” (App. Br. 5) but that the term
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`“concurrently” is actually used by Appellant “to describe a use of networks”
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`(App. Br. 6). Even assuming that the term “concurrently” and “parallel”
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`have different meanings and that “concurrently” refers to “a use of
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`4
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`networks” as Appellants argue, Appellants have nevertheless failed to
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`adequately demonstrate that Kitai fails to disclose “concurrent use of
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`networks”since, as described above,that is precisely what Kitai appears to
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`disclose(i.e., splitting a message and “concurrently” sending the segments
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`of the split message over different network interfaces and parallel
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`communication paths during “use of the networks” — see FF).
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`Appellants also argue that Kitai fails to disclose “‘a single logical
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`connection’ between thesite and the inventive controller” (App. Br. 7) but
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`does not adequately explain how the claimed “single logical connection”
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`differs from Kitai’s single logical connection (Kitai, Fig. 17) illustrated as
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`transmitting data from server 3000 or how the Kitai’s connection in which
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`data is collectively received and transmitted to one (or “single”’) desired
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`destination is not a “single logical connection.”
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`Appellants also argue that Kitai fails to disclose splitting a message
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`because, according to Appellants, “Kitai teaches splitting packets, not
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`splitting messages” (App. Br. 7). As described above, Kitai discloses
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`splitting data into segments (FF). Appellants have not indicated an explicit
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`definition of the term “message” in the Specification or how a “message” as
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`claimed differs from the “data” of Kitai. In the absence of an explicit
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`definition, we adopt a broad but reasonable construction of the term
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`“message” in light of the Specification to include “data.” Since Kitai
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`discloses splitting “data”(i.e., “messages”) and Appellants have not
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`sufficiently pointed out any differences between the claimed “message” and
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`5
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`Kitai’s “data,” we are not persuaded by Appellants’ assertion that Kitai
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`supposedly fails to disclose this feature.
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`Claims 22 and 40 recite similar features as claim 33. Appellants do
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`not provide additional arguments in support of dependent claims 23-32 and
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`34-39. Appellants also do not provide additional arguments with respect to
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`any of claims 22-40 with respect to Dutta, Albright, Goldszmidt, or Pearce.
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`CONCLUSION OF LAW
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`Weconclude the Examinerdid noterr in rejecting claims 22-40.
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`DECISION
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`Weaffirm the Examiner’s decision rejecting claims 22-40.
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`No time period for taking any subsequentaction in connection with
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`this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
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`AFFIRMED
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